[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2170 Introduced in House (IH)]

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115th CONGRESS
  1st Session
                                H. R. 2170

To amend the National Flood Insurance Act of 1968 to allow the repair, 
    expansion, and construction, without elevation, of agricultural 
    structures located in special flood hazard zones, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 26, 2017

 Mr. LaMalfa (for himself, Mr. Garamendi, Mr. Abraham, Mr. Comer, Mr. 
Cook, Mr. Costa, Mr. Denham, Mr. King of Iowa, Mr. Knight, Ms. Matsui, 
 Mr. McClintock, Mr. McNerney, Mr. Nunes, Mr. Rohrabacher, Mr. Rouzer, 
    Mr. Royce of California, Mr. Valadao, and Mrs. Mimi Walters of 
 California) introduced the following bill; which was referred to the 
                    Committee on Financial Services

_______________________________________________________________________

                                 A BILL


 
To amend the National Flood Insurance Act of 1968 to allow the repair, 
    expansion, and construction, without elevation, of agricultural 
    structures located in special flood hazard zones, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Flood and Agriculture Risk 
Management Cost Reduction Act of 2017''.

SEC. 2. REQUIREMENTS FOR STATE AND LOCAL LAND USE CONTROLS.

    Subsection (a) of section 1315 of the National Flood Insurance Act 
of 1968 (42 U.S.C. 4022(a)) is amended by adding at the end the 
following new paragraph:
            ``(3) Allowable local variances for certain agricultural 
        structures.--
                    ``(A) Requirement.--Notwithstanding any other 
                provision of this Act--
                            ``(i) the land use and control measures 
                        adopted pursuant to paragraph (1) may not, for 
                        purposes of such paragraph, be considered to be 
                        inadequate or inconsistent with the 
                        comprehensive criteria for land management and 
                        use under section 1361 because such measures 
                        provide that, in the case of any agricultural 
                        structure that is located in an area having 
                        special flood hazards, a variance from 
                        compliance with the requirements to elevate or 
                        floodproof such a structure and meeting the 
                        requirements of subparagraph (B) may be 
                        granted; and
                            ``(ii) the Administrator may not suspend a 
                        community from participation in the national 
                        flood insurance program, or place such a 
                        community on probation under such program, 
                        because such land use and control measures 
                        provide for such a variance.
                This subparagraph shall not limit the ability of the 
                Administrator to take enforcement action against a 
                community that does not adopt adequate variance 
                criteria or establish proper enforcement mechanisms.
                    ``(B) Variance; considerations.--The requirements 
                of this subparagraph with respect to a variance are as 
                follows:
                            ``(i) The variance is granted by an 
                        official from a duly constituted State or local 
                        zoning authority, or other authorized public 
                        body responsible for regulating land 
                        development or occupancy in flood-prone areas.
                            ``(ii) In the case of new construction, 
                        such official has determined--
                                    ``(I) that neither floodproofing 
                                nor elevation of the new structure to 
                                the base flood elevation is 
                                practicable; and
                                    ``(II) that the structure is not 
                                located in--
                                            ``(aa) a designated 
                                        regulatory floodway;
                                            ``(bb) an area riverward of 
                                        a levee or other flood control 
                                        structure; or
                                            ``(cc) an area subject to 
                                        high velocity wave action or 
                                        seaward of flood control 
                                        structures.
                            ``(iii) In the case of existing 
                        structures--
                                    ``(I) if such structure is 
                                substantially damaged or in need of 
                                substantial repairs or improvements, 
                                such official has determined that 
                                neither floodproofing nor elevation to 
                                the base flood elevation is 
                                practicable; and
                                    ``(II) if such structure is located 
                                within a designated regulatory 
                                floodway, such official has determined 
                                that the repair or improvement does not 
                                result in any increase in base flood 
                                levels during the base flood discharge.
                            ``(iv) Such official has determined that 
                        the variance will not result in increased flood 
                        heights, additional threats to public safety, 
                        extraordinary public expense, create nuisances, 
                        cause fraud on or victimization of the public, 
                        or conflict with existing local laws or 
                        ordinances.
                            ``(v) Not more than one claim payment 
                        exceeding $1,000 has been made for the 
                        structure under flood insurance coverage under 
                        this title within any period of 10 consecutive 
                        years at any time prior to the granting of the 
                        variance.
                    ``(C) Definitions.--For purposes of this paragraph, 
                the following definitions shall apply:
                            ``(i) Agricultural structure.--The term 
                        `agricultural structure' has the meaning given 
                        such term in paragraph (2)(D), except that such 
                        term includes not more than one single-family 
                        dwelling located on the same property as the 
                        agricultural operation, but only if such 
                        dwelling is occupied by the owner or operator 
                        of the operation.
                            ``(ii) Floodproofing.--The term 
                        `floodproofing' means, with respect to a 
                        structure, any combination of structural and 
                        non-structural additions, changes, or 
                        adjustments to the structure that reduce or 
                        eliminate flood damage to real estate or 
                        improved real property, water and sanitary 
                        facilities, structures, or their contents.''.

SEC. 3. PREMIUM RATES.

    Section 1308 of the National Flood Insurance Act of 1968 (42 U.S.C. 
4015) is amended by adding at the end the following new subsection:
    ``(n) Premium Rates for Certain Agricultural Structures With 
Variances.--Notwithstanding any other provision of this Act, the 
chargeable premium rate for coverage under this title for any structure 
provided a variance pursuant to section 1315(a)(3) shall be the same as 
the rate that otherwise would apply to such structure if the structure 
had been dry floodproofed.''.

SEC. 4. LEVEE-IMPACTED AREAS.

    Section 1360 of the National Flood Insurance Act of 1968 (42 U.S.C. 
4101) is amended by adding at the end the following new subsection:
    ``(k) Levee-Impacted Areas.--
            ``(1) In general.--Subject only to full implementation of 
        subparagraphs (A)(iii) and (B) of section 100216(b)(1) of the 
        Biggert-Waters Flood Insurance Reform Act of 2012 (42 U.S.C. 
        4101b(b)(1)) and notwithstanding any other provision of law, if 
        a community that applies to the Administrator for the remapping 
        of a levee-impacted area in which the pertinent levee system 
        fails to meet the National Flood Insurance Program's minimum 
        design, operation, and maintenance standards required for levee 
        accreditation on a flood insurance rate map--
                    ``(A) the Administrator shall establish flood risk 
                zones for those areas on such maps to be known as AL 
                zones; and
                    ``(B) flood insurance shall be made available to 
                properties located within such zones at actuarial rates 
                based upon the risk associated with structures within 
                the applicable AL zones.
            ``(2) Transition.--Before the Administrator has developed 
        actuarial rates for the various AL zones, covered structures 
        within the portions of the community located within the levee-
        impacted area shall be eligible for rates associated with areas 
        of moderate flood hazards.''.

SEC. 5. MULTIPLE AGRICULTURAL STRUCTURE POLICY PILOT PROGRAM.

    (a) Authority.--The Administrator of the Federal Emergency 
Management Agency (in this section referred to as the 
``Administrator'') shall carry out a pilot program under this section 
that provides for the sale of contracts for flood insurance coverage 
under the National Flood Insurance Act of 1968 that cover multiple non-
residential agricultural structures, as such term is defined in section 
1315(a)(2)(D) of such Act (42 U.S.C. 4022(a)(2)(D)), under a single 
flood insurance policy.
    (b) Availability in Regular Program Communities.--The Administrator 
may provide coverage under the pilot program only for properties 
located in communities for which a flood insurance rate map is in 
effect and in which the full limits of coverage under the National 
Flood Insurance Act of 1968 are available .
    (c) Limit of Coverage.--Coverage provided under the pilot program 
shall not exceed $500,000 aggregate liability per policy for coverage 
of structures and $500,000 aggregate liability per policy for coverage 
of contents.
    (d) Applicable Waiting Periods.--Coverage provided under the pilot 
program shall comply with subsection (c) of section 1306 of the 
National Flood Insurance Act of 1968 (42 U.S.C. 4013(c)).
    (e) Substantial Conformance With General Policy Form.--
            (1) Requirements.--Coverage provided under the pilot 
        program shall be consistent with, and as substantially 
        identical as possible to, the terms, conditions, and exclusions 
        found in the General Property Form of the Standard Flood 
        Insurance Policy, as set forth in Appendix A(2) to Part 61 of 
        title 44, Code of Federal Regulations.
            (2) Implementation.--Notwithstanding any applicable 
        rulemaking requirements, to the extent necessary to implement 
        the pilot program under this section, the Administrator may 
        issue endorsements to the General Policy Form of the Standard 
        Flood Insurance Policy, as set forth in the Appendix referred 
        to in paragraph (1), except that no such endorsement may be 
        issued before the expiration of the 6-month period beginning 
        upon publication of such endorsement in the Federal Register.
    (f) Exclusive Use of Direct Servicing Agent.--Notwithstanding any 
other provision of law, or arrangements entered into under section 1340 
of the National Flood Insurance Act of 1968 (42 U.S.C. 4071), the 
Administrator shall sell contracts for coverage under the pilot program 
under this section only through the facilities of the Administrator's 
direct serving agent for the national flood insurance program.
    (g) Limitation on Reformation of Existing Policies.--The 
Administrator may not sell a contract for coverage under the pilot 
program under this section for a structure that covers any period 
during which the structure is covered under another contract for 
insurance coverage made available under the National Flood Insurance 
Act of 1968.
    (h) Rule of Construction.--Nothing in this section may be construed 
to limit or restrict the Administrator's authority to provide, by 
regulation, for general terms and conditions of flood insurance for 
multiple structures under one flood insurance policy pursuant to 
sections 1305 and 1306 of the National Flood Insurance Act of 1968 (42 
U.S.C. 4012, 4013).
    (i) Implementation.--The Administrator may not sell any policy for 
flood insurance coverage under the pilot program under this section 
before the expiration of the 6-month period beginning upon publication 
in the Federal Register of notice describing the pilot program and 
setting forth the general terms and conditions of endorsements to be 
sold under the program.
    (j) Termination.--The pilot program under this section shall 
terminate upon, and the Administrator may not sell any policy for flood 
insurance coverage under the pilot program after, the expiration of the 
6-year period beginning upon the date of the enactment of this Act.
    (k) Report to Congress.--Not later than the expiration of the 5-
year period beginning on the date of the enactment of this Act, the 
Administrator shall submit a report to the Congress describing and 
evaluating the pilot program under this section.
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